tv Studio B With Shepard Smith FOX News May 4, 2012 12:00pm-1:00pm PDT
have confirmed. it was that. it was not consistent with our standards and i apologize. in the meantime i thank all of you for watching and "studio b" with trace, here for shepard smith starts now. trace thank you, the news begins anew. the colombian hooker the center of the secret service sex scandal speaking out and she says she could have stolen documents from an agent's bag because he was so drunk. details ahead. and china. how the blind activist could soon land in america. and a witness in the john edwards trial says the former presidential candidate asked an elderly dough increase for tens of millionsbñn of dollars aftere campaign fell apart. that is all ahead unless breaking news changes everything.
this is "studio b." but, first, one of colombian prostitutes at center of the secret service scandal is out of hiding and telling the world about her night with a member of president obama's security team. she says the agent was very drunk when she went back to his hotel in the colombian capital. she said his leg age and papers remain out in the open and it would have been easy to steal them. but the 23 your old single mom says she had no idea he was in the secret service. today, a reporter asked what she would have done if she had known he was working for the president. >> if you had learned that, and someone offered you a huge amount of money to blackmail him into cooperating with that person, would you, do you think you would do that? >> she says that if she had known at any point he was a
member of the secret service she would actually have never called the local police because all of the scandal has brought a lot of trouble into her life and something she never wanted to happen. >> would not have blackmailed him? >> no, she would not v all she says several agents begged her not to call police. and we interviewed the woman and now from washington, as she heard from secret service investigators sense that night? >>reporter: she has heard nothing. she says no united states officials, no one from the secret service has contacted her for her side of the story. >> she has not had any contact with any person from the american government, any agency, or anything. she said that if they wanted it track her they could do it easily] and they have not. >> thank you is raising eyebrows on capitol hill. new york republican congressman peter king, the chair of the house homeland security security committee says secret service said it could not find two of
she does not see anything weird that could remit this man to president obama or any information on that. she said the agents begged her not to call the police but she told them they didn't care about her situation, not getting paid, why should she care about theirs. she said they never wanted this to be public and it has "damaged her life." traits? >>trace: it will continue, and now, live from washington. thank you. there is word the united states and china may have reached an agreement to end a growing diplomatic crisis. and it's to do with a blind activist who escaped in the middle of the night after climbing over a wall in his property spending the last seven years in prison or under guard for speak out about china's repressive policy. the one child limit, the forced abortions and sterilization. this crisis unfolded in the
middle of secretary of state, hillary clinton's visit to the country. now, secretary of state, hillary clinton says china has agreed to let the blind activist, his wife and two kids, travel to the united states for a "university fellowship." and now, live from washington, mike, what do we know of where chen guangcheng could end up and when he could get here? >>guest: we know new york university has extended an offer to him either in new york city or at a global location to work with the school of law. after not being able to see chen guangcheng in the hospital for a day the embassy staff and doctors were able to meet with him for 45 minutes. secretary of state, hillary clinton says the chinese are allowing him to pursue studies in the united states. >> over the course of the day, progress has been made to help him have the future that he wants. and we will be staying in touch
with him as this process moves forward. >>reporter: he said his care if the beijing so far has been excellent and he has been well treated not hospital and american doctors agree. trace? >>trace: in fact, chen has said a lot about this? >>reporter: yes, upsetting the chinese government and probably added pressure on the united states officials and the most unusual moment was probably talking by cell phone from his hospital bed to a congressional hearing. >> and we have installed seven video cameras, and even, with electric fence. >>reporter: officials will stay on top of the case and it will be worth noting if the tone of the chinese leaders changed after secretary clinton leaves. >>trace: thank you, mike, from washington, dc. and now we will bring in chris wallace anchor of "fox news
sunday." chris, we talk a lot about the unknowns in political campaigns and a week ago, i don't think we knew the name chen guangcheng and now, this is huge. and they are saying this is the big of the showdown between the united states and china since back in 2001 when they captured that reconnaissance plane. is it your sense, chris, the president knew this, or was he surprised how big this mushroomed? >>chris: we do not have any sense what the president specifically knew but, clearly, the administration and particularly the united states embassy in beijing seems to have been somewhat surprised by it and, obviously, from their point, difficult, sensitive coincidence of this happening just as clinton and treasury secretary geithner everyone arriving in beijing. the caveat that mike raised at the end of the piece was appropriate. all the chinese foreign ministry said is he can apply like any
other citizen for a travel permit to study abroad. now, when they say it is like any other citizen, does that mean it will take two weeks to get the permit? two years? obviously, when secretary clinton came out today she seemed to think there was an understanding with the chinese foreign ministry but when she gets in the plane and leaves will the chinese government feel the heat is off and they do not have to move so fast? >>trace: you would think this would give the chinese a way out, right, save face by saying, everyone is able to go to the country and study and maybe this is their way? but they are not happy one way or the other the chinese made it clear they are very unhappy about the way the united states handled this. >>chris: that is right they see it as an interference with one of their citizens and internal affairs. but if the chinese want chen and they have left dissidents leave because it is easetory have them out of the country than inside,
if they want to allow him to leave, it is a face saving device but if they decide for whatever reason and there have been indications of the split between the security side of the chinese government and the diplomatic side, if the security side, the hard-liners prevail, maybe they will not let him out. >>trace: but it is a delicate diplomatic dance right now, isn't it? you have things going on in north korea, iran and syria and it makes this diplomatic schedule a little bit tenuous. >>chris: that is why it is sensitive for the united states. yes, we want to protect chen but we have a lot of very vital interests which is why clinton and geithner were there on trade; on chinese currency manipulation; the issues of syria and iran and north korea. to what degree do they want do
hold that hostage to chen guangcheng is a balancing act. it comes not midst of a presidential campaign and romney saying this was a day of shame for america. so that only adds to the complication. >>trace: chris, thank you. who is on with you on sunday? >>chris: we will talk to rubio and on the kentucky derby weekend, who is the frontrunner to be the running mate for mitt romney and we will talk about foreign affairs, the chen situation, and the politics over the osama bin laden raid and how it was exploited by the obama administration this week. we will talk about the latest unemployment numbers and how he could be able to help romney ticket reach out to, especially, the hispanic voters. >>trace: we will watch, chris wallace, good to see you. the new unemployment numbers are out and they do not look good. next, details behind the weak
new report on hiring. what the president has to say what the president has to say about it. [ male announcer ] this is coach parker... whose non-stop day starts with back pain... and a choice. take advil no and maybe up to four in a day. or choose aleve and two pills for a day free of pain. way to go, coach. ♪ only hertz gives you a carfirmation. hey, this is challenger. i'll be waiting for you in stall 5. it confirms your reservation and the location your car is in, the moment you land. it's just another way you'll be traveling at the speed of hertz.
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>>trace: and companies slowed down hiring for a second straight month. the labor department reported the economy add 115,000 new jobs in march, which is the smallest gain in half a year. and, below expectations. the unemployment rate did fall to 8.1 percent, but we are told that is mainly because people stopped looking for work. there is one bright spot. revised numbers for february and march show employers add 53,000 more jobs than we initially reported. and experts say the economy is on the mend. but there is a long way do go to reverse the damage done by the recession. and now wendell, what is the
reaction from the president today? >>reporter: the reaction was the positively report good news but not good enough. the long-term trend is not right direction. the president said the economy has created 4.2 million jobs the past two years, plus, a million in the last six months. but at this rate it will be many years before we get back to something like full employment. now, republicans say that shows his policies are not working and the president suggests it is congress that is not doing its job. >> by next week i will urge congress as they get back to work to take some action on common sense ideas, right now, that can accelerate more job growth. that's what we need, and my message to congress will be "just say no," to ideas that will create new jobs is not an option. >>reporter: unless job growth picks up the first term will end with a higher unemployment rate than when he took office. it was 7.8 percent in january of
2009. >>trace: and the president is pushing a plan to deal with college student loan rates. >>reporter: unless democrats and republicans can come up with a $6 billion, the rates will double and the house of representatives pass add bill that democrats say, rather, double in jowl, the house of representatives pass add bill the democrats say raise the affordable care act and cuts money for women's preventive care but republican say that fund was used to keep the loan rates low in the past. the senate democrats get it to have small business own are pay social security and medicare taxes and democrats say they closing a tax loophole and republicans say it is legitimate. unless they have a comp my the increase in student loan rates will cost the average student $1,000 a year. >>trace: thank you, wendell, we are getting amazing video of
a water rescue in michigan. a truck driver became trapped after floodwaters covered a highway in flint an hour north of detroit. you can see the driver standing we are told there was as much as 4' of water on the roadway after several inches of rain fell overnight. officials in a liferaft made their way to the truck and rescued and we hear the crews have been using boats and going door-to-door in some areas to pull people out of blooded homes and buildings. well well more testimony today from the interior designer who brought close to $1 million to the john edwards campaign from one elderly donor. now we are hearing what that 97-year-old lady had to say about presidential candidate before any of us knew that he was having an affair. the latest from the trial is coming up.
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>>trace: an interior designer who says he helped funnel hundreds of thousands from a rich donor to the former presidential candidate, john edwards, today said the donor felt used after the john edwards campaign collapsed. the designer told the court a former john edwards aide, andrew young, asked the donor, who was 97 at time if she could donate $40 million to $50 million to an john edwards foundation and suggested she could mortgage her mansion for some of the money. the designer said john edwards apologized to the donor and said he didn't know how much money young had asked for. the designer also claimed that andrew young said the massive request was john edwards' idea and the design are said he believed andrew young. of course the prosecution claimed that john edwards used money from rich donors to hide his affair from his dying wife and from the voters and john
edwards particulars say the former presidential candidate did not know about the money and claimed andrew young used the money to build his dream home. jonathan with the news like in north carolina. another aide described a heated phone call with john edwards. what exactly was that about? >>reporter: that is right, he was an outside consultant, and he started noticing other staff were talking about all of the travel that john edwards was making with rielle hunter and he advised the candidate to stop traveling with her. and the candidate followed his advise for a while and after a brief high -- time was seen traveling with her and he said, john, what the [blank] are you doing leader, and he said back off, i don't need a babe sitters you should go [blank] yourself. >>trace: the defense is objecting to the talk of the
affair. why? >>reporter: that's because no one is denying that the affair occurred so the press doesn't need to prove that it happened. they are listening to the witnesses testifying about details and the defense is saying, judge, we need to move on and start proving the key issue behind this, either way. the main argument is the intent behind that donor money that was used to hide the affair. was it to save the campaign? or just john edwards' family? the prosecution's first witness today was able to speak to that and the interior decorator helped his racial friend funnel hundreds of thousands to andrew young claiming young never told them of the affair or the coverup until just hours before news appeared in the press, and the prosecution asked huffman how she reacted when she found out about the affair. and huffman reasonablied "she thought he should pay for your
girlfriend yourself." trace? >>trace: thank you, jonathan, outside the courthouse and now our legal panel, former prosecutor and criminal defense attorney. jeffrey, the question in this, is it fair game as he was talking for the prosecution to bring up the affair again and again to prosecute john edwards? >>guest: absolutely. in a murder case the defendant doesn't want the prosecutor to show you the gory pictures of the scene but that is part of the prosecution case and no matter how much the defense wants to stipulate and say, we agree, we don't need to have the testimony, the prosecution has the right to put the testimony forward. >>trace: according to court watchers the "bunny money," the $725,000 for john edwardss personal use and $6 million in political action committee has been amusing. as you listen to the testimony about the money coming in and bunny mellon not know what it
was used now how much does it hurt or help his cause? >>guest: the issue is did he know it was a campaign coverup or personal? if it is campaign it is illegal. if it is personal, it is not. that is the key issue. i suspect that they will either have experts like federal election commissioners to come forward and testify and if not, at the least, john edwards needs to take the stand because, remember, trace, his mindset and what he was thing and what he knew is key in this case. >>trace: but you go back to the money and now, today, the defense is saying you cannot pin the money on john edwards, we are not saying the money did not come in. we are saying it wasn't used for the purpose, jeffrey, that the prosecution is saying. >>guest: look, when it looks like a duck, it quacks lick a duck, and it w a duck. all the circumstantial, evidence shows intent the anyone can get certified his mind but the evidence they are putting forward, from the minute they put on andrew young, who was his paid political aide, all the
money want through him. once they put that on, that was the nail in the coffin. the other testimony is merely pallbearers. >>trace: and the interior designer has a heavy southern accent and they said, look, you knew, right, does everyone know the campaign limit was $4,600 and she gave $725,000 and his response was, well, she thought that was a little bit low but the whole point being that, everyone inside the campaign believed this money was being called furniture money but they knew where it was going. >>guest: that could be true but the only issue is whether john edwards now and i disagree with gold it is not the nail in the coffin. john edwards may take the stand and the jury could be convinced if john edwards is able to articulate why he didn't thing the money was being used for campaign donations and it was used for personal use. he was cheating on his wife and he had every reason to use his own money to cover it up.
so, these are the issues the jury will decide in the case. >> only thing i say to that, john edwards is a gambler, and he was known to put some gambles out there on what he tried and didn't but to he testifies he will lose that gamble. >>trace: everyone will agree that john edwards was a very good trial attorney, jeffrey and john, gentleman, thank you both. and to show you the defense secretary panetta is now talking to troops at ft. for the bennin, georgia, the defense secretary speaking to the troops and you can watch it there. more than 10 years after the attack of 9/11 the mastermind of the attack is set to face a judge tomorrow. and sheikh mohammed's plea could possibly give him a chance to
dill the harsh interrogation techniques the united states used on him. details on that ahead. [ female announcer ] the next generation of investing technology is now within your grasp with the all-new e-trade 360 investing dashboard. e-trade 360 is the world's first investing homepage that shows you where all your investments are and what they're doing with free streaming quotes, news, analysis and even your trade ticket. everything exactly the way you want it, all on one page. transform your investing with the all-new e-trade 360 investing dashboard.
i mean he could teach. he was there for us, even if we needed him in college. you could call him, you had his phone number. he was just focused on making sure we were gonna be successful. he would never give up on any of us. >>trace: i am here for shepard smith and this is "studio b" at the bottom of the hour and time for the top of the news.
the mastermind of the worst terrorist attack on american soil will be arraigned tomorrow for a second time more than 10 years after the attacks of 9/11. shake mold and four others are accused of conspiring to argument, train, or funnel money to the hijacker would flew planes into the world trade center. the pentagon. and a pennsylvania field back on help -- 9/11. and president bush brought democrat to a navy base for a trial and president obama wanted them tried in a civilian court. now we back to a military trial after congress stopped that effort. if the defendant's pleads not guilty it could give them the opportunity to detail the harsh interrogation techniques used to break them that the obama administration calls "torture." and now the news like in the new york newsroom.
>> for that reason, the prosecution may choose to avoid presenting evidence gathered through interrogation including any confession. they likely have enough other incriminating evidence. but with congress blocked trying the four co-differents in federal court here in the united states, it may have done holder's justice department a big favor. why? under federal rules, evidence gathered without search warrants or miranda rights is not admissible in federal court, so is all other evidence derived. but not so if a military tribunal. he was not captured on american soil and told he could remain silent while given a lawyer, he was an enemy combatant seized if pakistan on the battlefield. there were no search warranted handed to him at the door and the case of another is very instructive, the first and old gitmo detainee tried in civilian
court. and the judge tossed out critical evidence leading to acquittal on 285 charges and he was convictedded of only one charge. and his was considered the easiest of all the gitmo cases. however, the rules of military tribunals are not as strict at federal rules but will they be fair? the chief prosecutor of the commission said this and i quote, "the tribunal incorporates the fal guarantees of fairness and justice demanded by our values and it also far exceeds the applicable international law of standard." another issue, the last time he was if court was late 2008, and he and the co-defendants tried to plead guilty but when president obama took office, a couple of months later he put a stop to it. we may learn tomorrow whether the accused terrorists are inclined to plead gety -- guilty again or face trial.
>>trace: thank you, and now, senior judicial analyst, judge napolitano. great to see you. you go back to what gregg was saying, is this make-or-break for the commissions? >>judge napolitano: yes and no. the beginning of a long, long process, which no doubt will involve appeals and ultimately and it is rare for a military case to make it to the supreme court an appeal there. i have seen, and these are public documents, trace, and i have seen the motions that the civilian lawyers for the defendants have filed seeking the dismissal of the charges. and they make the standard constitutional arguments many of which were just nicely outlined which distinguish military tribunals from civilian. the lawyers are challenging the constitutionality the rules that congress established for the trial of the cases and do not be viced if they win a few of the motions. not a great deal of them. but a few of them.
>>trace: as a constitutional and legal scholar some must be fascinating to see the issues that this trial will raise. i know the trial is a way off but the issues will be fascinating. >>judge napolitano: we have not had these issues raised in the modern. era, post world war ii era. the last time we tried people of this magnitude was world war ii and the evidence was clear. they were nazi saab tores and arrested on american soil and the issue was should they be executed. two were born not united states, but here, can evidence on thed not by the torturer of these people but by other people, who are not defendants, be used? can hearsay be used? can the defendants have and of the evidence and even some of the witnesses kept away from them in order to protect the sources of those witnesses and that evidence? here is one for you: if they are
acquitted, unlikely, can they still be incarcerated? these are rules that are alien to american ears, that are very different from what we are accustomed to in to country that will be tried out in the tribunals and appellate courts will decide if the rules are close enough to the constitutional standard to permit any conviction to stay. >>trace: and backtrack if you would, judge, punished after acquittal. what does that mean? >>judge napolitano: the military commissions act that established the present court, and this is the third act, so, the one that is in existence now, permits the president of the united states to incarcerate any of the people for the rest of their lives even if they are found not guilty on the theory that they would run to, as greggood says the battlefield and harm americans and american interests, again, and this is a claim that no american president has ever asserted. this is a claim that senator
president obama criticized when he voted against the military commission's act, probably never anticipating he would one day be the president and would be asked to enforce this. >>trace: judge, thank you, great to see you. >>judge napolitano: pleasure. >>trace: egyptian officials say clashes between troops and military hurt more than 100 weeks ahead of the presidential elections. troops fired water cannons and tear gas at demonstrator would threw stones as they tried to manner. the protesters are calling on ruling leaders to hand over power to a civilian government and the demonstrators also warn that the military is likely to rig the election when voters hit the polls at the end of the month. >> to be a fly on the wall when mitt romney and rick santorum get together. the g.o.p. rivals are meeting, today, and bargaining over
santorum's endorsement. and carl cameron is coming up next. drew peterson, he has his first court date in nearly two years today, for his murder case. but first, one of the founders of the beastie boys has died. his death comes after a nearly three year battle with cancer. he performed with a high school friend in 1979 and some describe them as a trio of white jewish kids as they established themselves as one of the most respected groups in hip hot. ♪ you got to fight ♪ for your rights
and the 10 percent jump from 2010 when they made less than 1,600 requests. the chief washington correspondent is live in our washington, dc, newsroom. james? >>reporter: the department of justice puts the requests for wiretaps to a special panel of 11 federal judges, named after the foreign intelligence surveillance act and 1,745 requests were made last year and all but 69 were for electronic surveillance. the spokesman for justice says "the number of politicians the government submits to the foreign intelligence surveillance court to conduct court authorized surveillance varies from year to year and depends on many factors." the annual numbers have gone up-and-down. and up. over the past decade. indeed the height of the requests was in between 20 when close to 2,400 were approved. last year's uptick is the
intelligence community finally mastering changes enacted in 2008. and attorney general holder is urging congress new to renew title 7 of the law which expires at the end of the year allowing our spy agencies to target foreigners without a court order, u.s. libertarians say big brother has never been bigger. >> the surveillance authority in the act are absolutely critical to our national security. it is a critical tool we have in keeping the american people safe. >> a lot of people have accepted the meth that when the government invades our piracy it keeps us safe. it does not keep us safe. it puts tremendous personal private information not hands of people what could misuse it. >>reporter: it was enacted post watergate to strengthen oversite of the intelligence community. >>trace: thanks, james, from washington, dc. president obama preparing to kickoff the campaign this weekend with back-to-back
rallies in ohio and virginia. but the disappointing jobs report could provide romney with new political ammunition. the unemployment numbers must have been right in romney's wheel house? >>carl: talk about being on messagens+uñ he was in pennsylva and blamed the labor department's new disapointsing report that only 115,000 jobs were made squarely on president obama. listen. >> we have a president who is continuing to push against economic freedom and make it harder and hard we for little businesses to start, for kids to come out of school knowing they have apç]e bright future. the right course for america is not to repress freedom but to encourage freedom. >>carl: he blasted the president for proposing tax increases dug
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absolutely, trace. >>trace: tell us, why not just, really, write a letter of apology or community service? what is your point? >>guest: the point is they are eroding our rights and this this is how i can stand up and say in the balance between my right to privacy and other rights that i have, up the constitution, that t.s.a. was going too far in my opinion. we need to have safe skies and i need to have a right to privacy and as we swing away from my right to privacy i took a stand. one detail, trace, that i want to add, i testified positive for explosives. i am a business traveler and been through the thorough screening and i test positive for explosives and they can come from anywhere, part of nature, and t.s.a. was just doing their job and i felt it was my job to
stand up and do what i needed to do. >>trace: if they were doing their job, at what point as you were taking off your clothes what was going through your mind? you are stand there naked and a bunch people are watching and did you think i am not sure this is the best decision but i will do it anyway. tell us about that. >>guest: i was in a very clear state of mine. i did not hesitate but for a moment and that was before i was fully naked and i decided it felt right, and i was not affair of the crowd i was facing away from the line and focused on t.s.a. and being cooperative and showing them i was not carrying explosives. >>trace: what do your family and friends say is this a running joke with your buddies and friends? >>guest: not at all i have the most amazing family and great support, and my friends are right on, right on, right on, so, we have all got a t.s.a. story and my got bigger than the
rest but i have amazing support. >>trace: your plan now is to go to court and what do you say when you get to court? what is your statement? >>guest: not guilty. i am not breaking any laws, portland has a nude bike ride that happens each june, and tens of thousands are on the street naked not being addressed. and there is regular nudity in portland and a conflict between the state law and portland law, hopefully will be resolved in my favor. >>trace: are you going to ride in the bike ride? >>guest: i have done it in the past and if it is warm enough, because june is not warm here, yet, i will be out there enjoying the company of my fellow portlanders. >>trace: is are done this before you are not against running around with nothing on? >>guest: well, i'm not. and, also, i'm not the kind of guy who just takes his shut off at the drop of the hat and
standing up for my civil rights is important regardless of what people thing of seeing me naked. my embarrassment or whatever about my body. >>trace: thank you, john, you are a great sport. a high school senior could not get the man of her dreams and wait until you see what happens. [ donovan ] i hit a wall. and i thought "i can't do this, it's just too hard." then there was a moment. when i decided to find a way to keep going.
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can help you build a personalized plan. and with our no annual fee iras and a wide range of low cost investments, you can execute the plan you want at a low cost. so meet with us, or go to etrade.com for a great retirement plan with low cost investments. ♪ >>trace: an iowa teen took tim tebow to her high school prom. not the back medium -- backup quaterback. a cardboard cut." she asked him on twitter to be the date but she does not get a response so her dad helped her prepare this backup. listen. >> so i brought him because it made it fun and everyone was just, kind of like lighthearted. it was fun. >> fake tim tebow was a big hit and her friends danced with the cutout and some of the guys even took pictures with the fake tim tebow. i'